We often get calls from people complaining that the insurance company is not treating them fairly or responding to their personal injury claim. Digging deeper, we inquire as to the information and documentation the person provided to the insurance company to support their claim. A common response is that the person signed all the requested authorizations and may have submitted one or two medical bills.
Unfortunately for them, a few medical bills and a verbal report of injuries do not constitute “adequate proof of loss.” The insurance company is ignoring them because the claimant has not triggered their obligation to respond under the law.
What is Adequate Proof of Loss?:
A claimant has the burden of providing adequate proof of their loss to the insurance company. This means the claimant must prove (1) the other party’s fault for the accident and (2) their damages and injuries.
Proving the other party’s fault for causing the wreck can be as simple as sending the insurance company a copy of the police report, if the report clearly shows that the other person was responsible for causing the wreck. If it doesn’t the claimant must submit other evidence of the other person’s fault, like video evidence, photographs, witness statements, etc.
Most people fall short in proving their injuries and damages. Just telling the insurance adjuster that you are hurt doesn’t cut it. Instead, it is best to provide copies of your medical bills and records, which document your injuries, medical treatment, and medical bills in black and white.
Do people still use certified mail? YES. While email is great, it is still good practice to follow any important emails (especially those providing proof of loss) with certified letters to the insurance company, with copies of the documents. That way, you establish a clear record of your attempts to provide adequate proof of loss.
Have You Been Injured In An Accident And The Insurance Company Is Not Treating You Right?
If you are getting frustrated with your insurance claim contact us online or call our Covington office directly at 985.590.6182 to schedule your free consultation today. Flattmann Law serves clients on the Northshore, including Covington, Mandeville, Abita Springs, Bogalusa, Franklinton, Folsom, Hammond, Lacombe, Pearl River, and Slidell.